Uncover the truth about immigration with Emigrate Lawyers! 🏛️

Myth: All visas are expensive and complicated

Fact: Australia offers a variety of visa options tailored to different needs, and not all are expensive or difficult to apply for. For example, some visas, such as visitor visas, can be straightforward and affordable compared to more complex pathways like skilled migration or partner visas. The key is selecting the right visa category and ensuring your application meets the specific requirements.

Myth: Only citizens can sponsor partners

Fact: In Australia, sponsoring a partner for a visa is not limited to citizens. Permanent residents and eligible New Zealand citizens can also sponsor their partners to live in Australia. The Partner Visa (subclasses 820/801 and 309/100) allows eligible sponsors to reunite with their loved ones, provided they meet the necessary requirements, such as proving a genuine and ongoing relationship.

Myth: Work visas require job offers

Fact: Some skill visas focus on qualifications, not just job offers. While some Australian work visas, like the Employer-Sponsored Visas (e.g., subclass 482), do require a job offer, others, such as the Skilled Independent Visa (subclass 189), do not. The subclass 189 visa allows skilled workers to live and work in Australia permanently without the need for employer sponsorship, provided they meet the points test and are invited to apply.

Myth: Refugee claims must be made offshore

Fact: Claims can be lodged while you're in Australia. Under Australian migration law, individuals can apply for protection visas either offshore (through the Refugee and Humanitarian Program) or onshore if they are already in Australia. If someone is in Australia and fears persecution or harm in their home country, they can apply for an onshore protection visa (Subclass 866) to seek asylum. Offshore refugee claims are processed under the Special Humanitarian Program (SHP) or resettlement pathways in partnership with the UNHCR.

Myth: Visa refusals mean the end of the road

Fact: There are multiple avenues for appeal or reassessment. Under Australian migration law, many visa refusals can be challenged through review mechanisms or new applications. Applicants may have the option to appeal the decision to the Administrative Review Tribunal (ART) if eligible, where they can present additional evidence or arguments to support their case. In certain circumstances, judicial review in federal courts may be available if there are legal errors in the decision-making process.

Myth: If you marry an Australian citizen, you automatically get a visa or citizenship.

While being married to an Australian citizen makes you eligible to apply for a Partner Visa (Subclass 820/801 or Subclass 309/100), the process requires meeting strict requirements, including proving the genuine and ongoing nature of the relationship. Citizenship requires a separate application process and meeting residency requirements.

Myth: Protection visa applicants must come from a specific list of countries.

Fact: Protection visa applicants are assessed based on individual circumstances, not nationality. While some countries may have higher numbers of asylum seekers, Australia’s protection visa process evaluates each case on its own merits, focusing on the individual’s fear of persecution or harm regardless of their country of origin.

Myth: Temporary visa holders have no workplace rights.

Fact: Temporary visa holders are entitled to workplace protections. All workers in Australia, regardless of visa status, are protected by Australian workplace laws. This includes rights to fair pay, safe working conditions, and protections against exploitation. Temporary visa holders can also report workplace issues without jeopardizing their visa status.

Myth: If your visa expires, you can simply leave and come back to reset your status.

Fact: Overstaying your visa can lead to serious consequences. If you overstay your visa, you may face re-entry bans or other penalties, such as being barred from applying for certain visas for a period of time. It’s crucial to act promptly to either apply for a new visa or depart Australia voluntarily if your visa expires.

Myth: You can apply for any visa while in Australia.

Fact: Not all visas can be applied for while in Australia. Some visas require applicants to be offshore at the time of application and/or grant. For instance, certain family or skilled visas may require you to lodge your application outside Australia. Additionally, if you are holding a visa with a No Further Stay condition (e.g., 8503), you cannot apply for most visas while in Australia unless the condition is waived.

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